POLI 343 Lecture Notes - Lecture 1: Judicial Independence, Judiciary Of Australia, Precedent
16 Dec 2015
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Impartiality refers to the state of mind or attitude of the tribunal in relation to the issues and the parties in a particular case. This requires an absence of bias both real and/or perceived. In particular relevant to the status/relationship with the executive branch of government. Independence = more objective (external) institutional relations between courts and other actors. Judicial decision making should be like an island i. e. unburdened by outside influence. However, if judges were 100% independent a judge could come in wearing a. Ronald mcdonald suit and deliver decision in french . Therefore, we acknowledge that judges must be legitimately bound to an extent. See the greatest independence in the apex court / but consider the court hierarchy and binding effect is has on all inferior courts due to common law/precedent. Judges are not answerable to the bureaucracy for judicial matters; the sole justification for judicial rulings appear in oral or written decisions.
